Decision letter evidence summary/evidence not considered

[DSIG]

The following evidence was listed in my decision letter:

-VAForm21-526EZVeteran'sFullyDevelopedClaim,received January8,2021
-ReviewPostTraumaticStressDisorderDisabilityBenefitsQuestionnaire,received February 16,2021
-Section(§)5103NoticeResponse,received January25,2021

I can't tell if my private doctor's report and DBQ were considered as evidence.  I submitted the report/DBQ as part of the Fully Developed Claim, uploaded it in as evidence and it shows as evidence online.  Was it not considered because it's not listed?  OR was it considered and is actually part of the "VAForm21-526EZVeteran'sFullyDevelopedClaim,received January8,2021"?

Edited February 26, 2021 by DSIG

[DSIG]

Berta,

I don’t think there is a problem with your pdf reader. The decision was a lousy 3 pages.  There were some admin pages listing my dependents and actual payment but I didn’t include that here.  My C&P exam is favorable inasmuch as it maintained my current rating at 70%. My 70% is solely for PTSD. I have another SC disability at 0% I will be claiming for an increase in the near future. 

I am trying to obtain the C&P exam DBQ because I may need it for a future secondary claim. I may have to go to the regional office and request it in person. 

DSIG

Edited March 1, 2021 by DSIG

[Fat]

Shameful.........

The evidence is sent for a reason and to disregard or not consider it is unprofessional.

I personally would make sure the information was submitted and then immediately go to the BVA (NO FURTHER EVIDENCE).

Hang in there DSIG.

My heart goes out to you, because I have had similiar experiences.

 

......

[Berta]

Me too:

This sounds like a violation of 38 CFR 4.6 has your POA suggested that you file  CUE claim?

When your rating was rated at 70% did the VARO send you a tdiu form?

"Increased Rating for PTSD

Because the Board is remanding herein the issue of entitlement to a TDIU, which includes determination regarding the effects of the Veteran’s service-connected disabilities on his ability to work, entitlement to a rating higher than 70 percent for PTSD, which contemplates in part total occupational impairment, must also be remanded as it is inextricably intertwined. A remand is therefore warranted to determine whether any newly obtained evidence warrants a rating higher than 70 percent for PTSD."

https://www.va.gov/vetapp19/files3/19122946.txt

 

[Berta]

m.  Identifying Reasonably Raised Claims of IU

Reasonably raised claims of IU may arise in a Veteran’s original claim or in a claim for an increased rating.  VA must consider a claim for IU if   ·  the Veteran’s SC rating meets the minimum schedular criteria found in 38 CFR 4.16(a), and ·  there is current evidence of unemployability due to SC disability(ies) in the Veteran’s claims folder or under VA control.    Reference:  For more information on reasonably raised claims for IU, see ·  Norris v. West, 12 Vet.App. 413 (1999) ·  Roberson v. Principi, 251 F.3d 1378 (Fed. Cir. 2001), and ·  Comer v. Peake, 552 F.3d 1362 (Fed. Cir. 2009).    https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part4/subptii/ch02/9-24-15_Key Changes_M21-1IV_ii_2_SecF.docx Your Vet rep might consider there was a CUE in the 70% Rating decision, as well as in this decision....if they did not consider TDIU or send you a TDIU form....with that decision. The BVA statement above appears in many BVA decision. If your DBQ in any way stated that your ability to work is adversely affected by our PTSD, then the VA should have made a full rationale for the denial of a high rating. There are claims for high rating for PTSD at the BVA that have to be remanded so that they can be properly developed. Or you can certainly file a NOD. We have not seen the DBQ so it is hard to know what the VA completely overlooked. It looks to me that they ignored the DBQ completely. Most vets with 70% SC PTSD are not that far from TDIU.

Edited March 5, 2021 by Berta
added more

[Berta]

https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part4/subptii/ch02/9-24-15_Key Changes_M21-1IV_ii_2_SecF.docx

I noticed part of my post was cut off----and appeared on a blue background- the wind is affecting my PC so maybe that is why.-

I fully believe you should file a CUE ( ASAP) or appeal this or do both.

You have the right to know why the 70% did not generate consideration of your evidence and a full rationale as to why they continued the 70% but did not consider TDIU.

We have no idea what the DBQ said, but still neither did the VA, in my opinion.

 

[DSIG]

Fat and Berta, thank you. This amounts to a denial of due process. I don’t recall receiving anything on TDIU.  I went to the regional office this week and picked up the C&P DBQ.  This exam was rushed and the DBQ shows it was a rush job. The examiner misrepresented a lot of things I said.  Also, she doesn’t list OCD as a diagnostic code but talks about this behavior in her remarks. My private doctor’s DBQ lists OCD as a diagnostic code. This should’ve been either considered as secondary condition or added to the PTSD along with the MDD.   The DBQ was digitally signed 20 minutes before the exam was finished.  The exam actually concluded at 9:06. I know when I left her office but even if this can’t be used as evidence I have evidence of how long everything took. I took pictures of my complete questionnaires I was given to fill out before the exam.  My phone time stamped the last photo at 8:23 which is when the examiner also met me at the lobby to see if I was done filling out the forms. Her DBQ was digitally signed at 8:47. Are 24 minutes enough time to score the questionnaires, examine the veteran and complete the DBQ?    The other thing I noticed with the DBQ is that the first page has a different form version than the rest of the pages, which is a different version from the DBQ that the VA just publicly released on their site. 
 

As for the decision letter, there is no basis for the decision. Shouldn’t it indicate what criteria I did not meet?  
 

I’m in the process of replacing my VSO. I asked them to get the DBQ for me and all I heard was crickets. I’ve done a couple intake interviews with law firms but this is in the early stages. I don’t know if I can find one to take my case. I’m not going to file anything on my own in case I screw it up. This would be my first time challenging a decision. I have some future claims I’ll be filing and don’t want those screwed with because I’m appealing.